Volino v. Progressive Casualty Ins. Co. et al.

This website has been set up because the Court in charge of this lawsuit has granted preliminary approval of a settlement (“Settlement”) in the class action case styled Dominick Volino et al. v. Progressive Casualty Ins. Co. et al., Case 1:21-cv-06243-LGS. The Court in charge of this case is the United States District Court for the Southern District of New York. If you received a Notice and/or payment in this Settlement, you were identified as a member of the Settlement Classes (described below).

The purpose of this website is to inform you about this lawsuit and your legal rights and options in this Settlement.

This class action alleges that Progressive Advanced Ins. Co., Progressive Specialty Ins. Co., Progressive Max Ins. Co., and Progressive Casualty Ins. Co. (collectively referred to as “Progressive” or “Defendants”) systematically paid their insureds less than the actual cash value of their totaled vehicles, in breach of Progressive’s insurance policies. Plaintiffs asserted that Progressive did this by basing the compensation for insureds’ total loss claims on valuation reports that applied Projected Sold Adjustments, which Plaintiffs alleged are improper. In addition to their breach of contract claim, Plaintiffs also asserted claims on behalf of insureds and third-party claimants alleging deceptive practices in violation of New York General Business Law (“GBL”) § 349.

The Class Representatives and Defendants agreed to a Settlement to avoid the cost and risk of further litigation, including a potential trial, and so that the Class Members can get payments in exchange for releasing Defendants from liability. The Settlement does not mean Defendants broke any laws and/or did anything wrong, and the Court did not decide which side was right.

There are several important documents related to this case and the Settlement available to you here, including the Long-Form Notice, E-mail Notice, Complaints, Settlement Agreement, Opt-Out Form, orders granting preliminary and final approval of the Settlement, and other important documents.

If you received an email notice or a postcard notice in the mail, then Progressive’s records indicate that you qualify as a member of the Settlement Classes.

For this Settlement, there are two Settlement Classes:

First Party Class: All persons who made a first-party claim on a policy of insurance issued by any Progressive Group entity to a New York resident who, from July 28, 2015 through August 20, 2024, received compensation from one of the Defendants for the total loss of a covered vehicle, where that compensation was based on an Instant Report prepared by Mitchell International, Inc. and the actual cash value was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine actual cash value.

Third-Party Class: All persons who made a third-party claim on a policy of insurance issued by any Progressive Group entity to a New York resident who, from July 28, 2018, through August 20, 2024, received compensation from one of the Defendants for the total loss of a covered vehicle, where that compensation was based on an Instant Report prepared by Mitchell and the actual cash value was decreased based upon Projected Sold Adjustments to the comparable vehicles used to determine actual cash value.

After payment of attorney’s fees, litigation expenses, settlement administration expenses, and any service awards, the average payment is $383.16 to each Settlement Class Member who did not opt out.

Settlement Class Members were given the following three options:

1. Do nothing. If you chose to do nothing and met the criteria to be a member of the Settlement Classes, you remained in the Settlement Classes, are eligible for a settlement payment, and are bound by the Court’s Final Approval Order in this class action, which can be accessed here. The Settlement Administrator began issuing payments to Settlement Class Members on May 12, 2025.
2. Opt out of the Settlement Classes. If you chose to exclude yourself from the settlement, you are not eligible to receive a settlement payment. The deadline for requesting exclusion was February 1, 2025.
3. Object to the Settlement. The deadline for objecting to the Settlement was February 1, 2025. No objections to the Settlement were made.

If you requested to be excluded from the Settlement Classes, you (1) are not eligible for payment in this Settlement; (2) are not bound by any order or judgment made by the Court in relation to this Settlement; and (3) have the right to pursue individually, at your own expense, any claim you may have against Progressive.

The Court appointed Plaintiffs Lukasik, Lippa, Plotts, Goodier, Costa, England, and Verardo as the Class Representatives for the Settlement Classes. The Court also appointed the law firms of Carney Bates & Pulliam PLLC; Jacobson Phillips PLLC; Normand PLLC; Edelsberg Law, P.A.; Shamis & Gentile; and Bailey Glasser LLP, referred to as Class Counsel, to represent you and other members of the Settlement Classes. If you have any questions for Class Counsel, you may direct those to the address provided below.

CARNEY BATES & PULLIAM PLLC
One Allied Drive, Suite 1400
Little Rock, AR 72202
www.cbplaw.com

You do not need to hire your own lawyer because Class Counsel is working for you. You are welcome to hire your own lawyer at your expense.

Additional information is available on this website, or by contacting Class Counsel at the address provided above. The Long-Form Notice, Settlement Agreement, and other important Settlement documents can be found under the Important Documents section here.

Please do not contact the court, the clerk’s office, defendants, or defendants counsel to ask questions about this class action. They cannot answer any questions or discuss the class action.

This website summarizes the Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here or by writing to:

Volino v. Progressive Settlement Administrator
P.O. Box 6366
Portland, OR 97228-6366

The Settlement Administrator began issuing settlement payments to eligible Class Members on May 12, 2025. For those Class Members whose records contained valid email addresses, they were sent payments via Digital Disbursements. Others were mailed checks to the address on record.

Please Note: due to variability in individual user email security settings, Digital Disbursements emails can sometimes go to junk or SPAM folders. Please search your inbox for email from noreply@digitaldisbursements.com. If you find an email there, move it to your inbox and/or mark the email as coming from a “trusted sender” so that future emails regarding this Settlement do not end up in junk or SPAM folders.

Claiming your payment is simple and easy. All digital payments and reminder emails contain a “Claim Payment” link. As long as you click the “Claim Payment” link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment by clicking on it. Depending on your selection, you may be asked to confirm your selection and/or provide the information necessary to process your payment.

If you do not make your selection prior to the payment expiry date, a check will be mailed approximately 4-6 weeks later, to the address on record.

Due to variability in individual user email security settings, Digital Disbursements emails can sometimes go to junk or SPAM folders. Please search your inbox for email from noreply@digitaldisbursements.com. If you find the email there, move it to your inbox and/or mark the email as coming from a “trusted sender” so that future emails regarding this Settlement do not end up in junk or SPAM folders.

The initial Digital Disbursements email provides contact information if you have questions about your payment in this Settlement. You may use that to confirm or update your address in this Settlement.